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With the aim of getting close to a characterization of exclusion, we have chosen to identify the basic rights of Venezuelan citizens as they are laid down in the Constitution, and to determine the set of rules of access that are laid down for each of them, stipulated in laws, regulations and other statutory instruments. By means of the analysis of statistical data and the review of recent research studies, we will identify a set of exclusion situations.

The other aspect of the degree of implementation of rights is the insecurity that its chequered implementation implies. It is possible to get close to legal insecurity defining it in relation to each of the basic areas around which citizens' rights are organized: individual insecurity, social insecurity, political insecurity [Fernández Toro, 1994]. In this way, we bring together aspects which were previously separated, such as for example exclusion from material consumption and exclusion from political participation.

Nevertheless, the figures do not convey with all possible force what is currently meant by "living in poverty" in Venezuela today. Consequently, we have taken the liberty of accompanying them and supplementing them with testimonials and ethnographic accounts wherever this has proved possible.

The starting point: Social and political rights ^{(Endnote 3)}

A country's Constitution is the systematic presentation of the predominant objectives of its political and social system; and at the same time, it provides a formal guide for the actions for those who assume the government of society and representation of the social interests of which they are made up.

...serves as a source of legitimacy, with respect to third parties and for the members of the system themselves..." (and) "...it is perfectly legitimate to evaluate the system by the degree to which they are implemented in practice and to demand responsibility for any non-implementation [Rey, 1989, p. 252).

The Venezuelan Constitution enacted in 1961, and still in force today, is basically in line with the pattern of the post-war social democratic constitution in which there exist side by side liberal values and principles (private property, security, liberty) and intrinsic aspirations of ideologies with a marked concern for "the social question" ­ social justice, solidarity, equity. The necessarily difficult co-existence of rights and guarantees related to political and social ideals and interests was resolved in the Venezuelan Constitution by means of the establishment of standards as merely pragmatic provisions in such a way that application of these has been de facto postponed "until such a time as conditions should rise which, from the social, political and economic point of view, will permit their implementation".

The preamble to the Constitution summarizes the recognition of the fundamental rights which are the basis of human dignity.

Social rights are powers that have been granted to the citizen to demand the State to provide specific aids and services; they stipulate the intervention of the State in favour of the interests of social sectors in need; and, on the other hand, they specify the restriction of individual rights (usually economic rights) in favour of the achievement of objectives of a collective nature.

I. Protection of associations which have as their objective to improve the lot of human beings, social co-existence and the promotion of institutions designed to develop the economy, Article 72.

II. Family, maternity and marriage protection, Article 73.

III. The State shall provide each family with an adequate and healthy home, Article 74.

III. Full protection of children, Article .75.

IV. Health protection and provision of assistance to any person without means, Article 76.

V. Improving the conditions of life of the rural population and protection of indigenous communities, Article 77.

VI. The right to education, the State's obligation to create an adequate educational infrastructure which guarantees access to education, free education at all levels, with the possibility of exceptions being made for higher and special education for the wealthy, Articles 78 and 80.

VII. Freedom of instruction, Article 79, and a guarantee for stable employment and standard of living for those working in education, Article 81.

VIII. The right to work (this is also an obligation), the provisions the law lays down to help workers are unrenounceable, Articles 84 and 85.

IX. Right to a maximum length of working day and to a weekly rest period and paid holidays, Article 86.

X. Right to a just or minimum wage, Article 87.

XI. Right to stable employment and the establishment of a social benefits scheme for old age and unemployment, Article 88.

XII. Supervision of relations between the factors of production, regulation of collective bargaining and guardianship of collective agreements, Article 90.

XIII. Right to trade union membership, Article 91, and to strike , Article 92.

XIV. Special protection of working minors and mothers, Article 93.

XV. Obligation to develop "in a progressive manner" a social security system to protect all citizens from occupational accidents, disease, invalidity, old age, death, unemployment and any other risks, such as the responsibilities deriving from family life; and also to provide social assistance to those who are needy, Article 94.

Conservative interpretations of the Constitution have given preference to cases of individual rights, which has meant the subordination of social rights. This subordination can be seen in the absence of institutional agencies that provide care for citizens confronted with situations in which these are severely restricted or diminished; over recent years, and in response to this state of lack of defence, this has lead certain people to propose the institution of a person or agency similar to the "Ombudsman", in order to provide better protection of these rights. Political rights favour the establishment of minimal conditions through which it is possible for the population to participate in the political administration of a society. These rights form part of the basic provisions of the Constitution and are among those that highlight the "democratic, representative, responsible and alternating" character of the Venezuelan Government and the recognition of "the sovereignty of the people".

I. Right to vote (this is also stipulated as being a duty or social function), Article 110.

II. Eligibility to hold public office, Article 112.

III. Liberty and secrecy of vote; and adoption of the system of representation of minorities, Article 113. This clause also stipulates the independence of electoral bodies and pluralism in their composition.

IV. Freedom of association In political parties, Article 114. This clause also lays down the democratic nature and the equality of the democratic parties.

V. Right to peaceful manifestation, Article 115.

VI. Right to political asylum, Article 116.

Finally within the framework of individual rights ^{(Endnote 4)} are also to be found provisions which protect the citizen from coercive action on the part of government agencies.

I. Right to life, Article 58.

II. Protection of persons against damage to their honour, reputation or private life, Article 59.

III. Personal freedom and safety, Article 60. Includes the regulation of penalties and detention; prohibition of torture; proscription of life or shameful penalties.

IV. Equality (prohibition of discrimination on the grounds of race, sex or social condition), Article 61.

V. Inviolability of the home, Article 62.

VI. Inviolability of correspondence, Article 63.

VII. Freedom of movement, Article 64.

VIII. Freedom of religious beliefs, Article 65.

IX. Freedom of expression, Article 66.

X. Freedom of petition, Article 67.

XI. Right to self-defence, Article 68.

XII. Right to be judged by ones natural judges, Article 69.

XIII. Right of association, Article 70.

XIV. Right of assembly, Article 71.

The case of Venezuela: Basic features

To provide a background for a more detailed analysis in each dimension, it is necessary to describe the key features of three aspects of Venezuelan society: its economic situation, its social development and the characteristics of its political system. From the economic point of view, Venezuela's development has been marked by considerable instability. There have been successive adjustment programmes introduced at the beginning of each government's term of office only to run out of steam as time passed. Throughout the 1980's and the 1990's, per capita gross domestic product has remained below the figure it attained in 1981, and by 1994 it accounted for 82 per cent of the 1981 level (See table A1 in Appendix). Over a period of more than three decades of development, during which emphasis was to "sow the seeds of oil", there has been no reduction of dependence on this natural resource. Whereas other Latin American countries have diversified their production structures, at the beginning of the 1990's, oil still accounted for 91 per cent of Venezuelan exports; in 1965, the corresponding figure was 97 per cent. Over the same period, the share of Chile's total exports accounted for by minerals fell from 89 per cent to 57 per cent [World Bank, 1991].

In the face of the fall in income from oil, the current value of which is estimated to be only one fifth of what it was at the beginning of the 1980's, one of the main obstacles to solving the fiscal problems comes from public resistance to instituting a tax policy which would make it possible to continue financing economic growth. Currently, a third of the reduced public budget is devoted to payment of the external debt, and attempts to increase taxes and the prices of public goods and services have resulted in stirring up social conflict. Under these circumstances, the tax deficit has become a problem which is difficult to unravel. (See table 1. at the end of the text)

As far as social structure is concerned, the main feature of the situation in Venezuela is the lack of congruity between the volume of the resources the country has available and the results. Perception of the social crisis is also profoundly marked by the fact that the results obtained up until the end of the 1970's were due to external influences, the outcome of the rise in the price of oil. From the 1960's until well into the 1970's, indicators of social well-being made a considerable jump forward. Between 1961 and 1981, levels of illiteracy fell from 50 per cent to 11 per cent, the infantile mortality rate ranged between 46.4 per thousand and 35.2 per thousand, and life expectancy at birth rose from 61 years to 69 years [Freije,1995]. Although wages rose considerably over this period in real terms, income distribution was maintained unchanged [García, 1993]. Over the same period of time, social expenditure per capita was multiplied by 2.57, playing an important role in expanding the cover of social services. In line with this expansion, the institutional structure in the social sectors became over-diversified with new institutions being created continuously and in a disorganized manner as and when new problems and/or target groups were identified. This contributed to a fragmented and dispersed implementation of social policies which in turn, with the passage of time, helped to dilute its impact [Cartaya & García, 1988].

Between 1978 and 1988, as a result of successive adjustment programmes designed to put a brake on growing economic instability, social expenditure per capita was reduced appreciably, and in 1988 it was only 72 per cent of the corresponding figure for 1978, a greater percentage fall than that for Government expenditure in general [García, 1993]. The social sector institutions reacted to this reduction in their resources by adopting partial and short-term solutions which fundamentally affected the quality of the services provided. The budget reductions took place in areas that were politically less likely to produce conflict; the benefits were maintained for the public work force ^{(Endnote 5)} .

In line with the centralized manner in which resources entered the economic system, "institutionality" in the social area, developed in accordance with a highly centralized and vertical model. This way of doing things, while relatively efficient in a smaller and less diversified society, proved to be an important obstacle to efficiency in a society which was becoming more complex [Navarro, 1994]. Over recent years, the rhythm of improvement in the social situation has slowed down considerably. From 1980 to 1990 there were marginal changes in the main social indicators, and even falls in certain of them. The rate of illiteracy ranged from 11 per cent to 9.4 per cent, the gross rate of scholarity in middle education ranged from 39 per cent to 34 per cent, per capita calorie availability fell from 2,516 to 2,057, and life expectancy rose scarcely at all from 69 to 70 years [Freije, 1995]. (See table 2).

Venezuela's Human Development Index [UNDP, 1994] places it in the group of high-development countries. Nevertheless, its situation is less favourable than that to be found in a group of Latin American countries which have fewer resources to devote to this aspect. Many studies are in agreement that there has been a significant rise in poverty over the past decade. According to data from CEPAL, which are based on the same methodology used in a number of Latin American countries, the index of income poverty ranged from 22 per cent in 1981 to 27 per cent in 1986, finally reaching a figure of 34 per cent in 1990. The proportion of the population in a situation of indigence doubled, reaching a level of 12 per cent of the national population. The estimation which is closest to an official definition is that provided by the OCEI ^{(Endnote 6)} . (See table 3).

The structural heterogeneity of the production apparatus was never expressed in the political arena, in which the situation was simplified through three main agents: the State, the employers' federation and the trades union federation, with the political parties acting as a channel for dissemination. Anyone who was not represented nurtured hopes of obtaining representation. When it was negotiated, the Punto Fijo Pact marked out those who were the real actors, the real channels, and the real methods for resolving disputes. The changes that have taken place in the intervening time show:

­ that the world of politics has become more heterogeneous, that this increased heterogeneity has sprung from the grass roots and is accompanied by an accelerating process of loss of legitimacy on the part of the old agents and institutions, in particular the political parties, and with them, the Trades Union Congress;

­ that the democratic institutions ­ but not the democratic system as such ­ is losing its legitimacy; "that violence is starting to appear as a method of resolving disputes and as a means of rising in society."

Endnote 3:
This section is based on partial documents drawn up for this project by Rodolfo Magallanes.

Endnote 4:
We had not planned to deal with this subject. Nevertheless, whilst collecting information for this study and in thinking about what exclusion really means, it became clear that this was a crucial aspect of the matter.

Endnote 5:
This "preservation" was relative, since real direct wages suffered, whilst contractual benefits and levels of employment were maintained, as were also clientelistic mechanisms of recruitment.

Endnote 6:
Within the framework of the Budget Methodology Project for Measuring poverty in Venezuela. OCEI-FEGS Conference provides information for the period 1990-1993.